Fire Safety Standard for Cigarettes

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• Standards
• Certification
• Package Markings
• Submission Information
• Testing Certification Process
• Dates of Implementation
• Statutes, Standards & Rules

Standards

S.B. 200: Reduced Cigarette Ignition Propensity and Firefighter Protection Act

Fire-safe cigarettes, also known as reduced ignition propensity cigarettes, are designed to stop burning when left unattended. Under the Utah Law passed by the 2007 Legislature, all cigarettes sold or offered for sale in Utah must meet the same criteria for fire-safe cigarettes as in New York State. The Office of the State Fire Marshal and the Utah State Tax Commission are charged with program oversight, rulemaking, quality control, certifications, and enforcement relating to the sale and distribution of fire-safe cigarettes in Utah. The law went into effect July 1, 2008.

The law is designed to save lives by reducing the risk that cigarettes will ignite upholstered furniture, mattresses, household furnishings, and other combustible materials found in homes, care facilities, and offices. According to nationwide statistics from the Coalition for Fire Safe Cigarettes and the National Fire Protection Association, roughly one in four fire-related deaths is caused by smoking materials.

Fire-safe cigarettes cost the same and have the same characteristics as other cigarettes. The law contains provisions for stores to sell their existing inventory of cigarettes 53-7-403(8). For additional information contact the Utah State Fire Marshal’s Office.

Certification

Before cigarettes can be sold or offered for sale in the State of Utah, cigarette manufacturers must submit:

• Test certification demonstrating that their cigarettes meet the fire safety requirements in accordance with ASTM E2187-04 Standard Test Method for Measuring the Ignition Strength of Cigarettes or, for any cigarette that cannot be tested under ASTM E2187-04, in accordance with Section 53-7-403(2)(a) of the Utah Code Annotated.
• The required information on package markings, i.e., the approved Utah State Tax Commission stamp and the Utah State Fire Safe Cigarette stamp or the approved modified Utah State Cigarette Stamp.

Each cigarette style certified for sale in Utah must be re-certified every three years. Once a cigarette is certified, the manufacturer is required to provide a copy of the certification to all wholesale dealers and agents to whom it sells cigarettes, as well as illustrations of package markings for each retail dealer.

To sell or offer to sell cigarettes in Utah, the cigarettes must be listed on our Safe Cigarette List and also comply with the provisions related to the Tobacco Master Settlement Agreement. Click here to see the most current list.

Package Markings

All packaging for fire-safe cigarettes approved for sale in Utah must be marked in accordance with UCA 53-7-405. A manufacturer may use only one marking and that marking must be uniformly applied on all packages, including but not limited to, packs, cartons, and cases. The marking must be in a font of at least eight-point type and consist of:

• Modification of the universal product code (UPC) to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the code.
• Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap.
• Stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the required standards.

Utah law requires that the Utah State Tax Commission approve any marking in use. Manufacturers that intend to use a New York marking in Utah are still required to submit this marking to the Utah State Tax Commission for approval.

Submission Information

The State Fire Marshal must receive applications with information on package markings and approvals with test certification information under ASTM E2187-04 to ensure processing and approvals. Test certification for any cigarette that cannot be tested under ASTM E2187-04 must be proposed in accordance with Section 53-7-403(4) of the Utah Code Annotated.

Testing Certification Process

To obtain approval to sell fire-safe cigarettes in Utah, the following information must be submitted to the State Fire Marshal:

• Contact Information: A cover letter identifying the cigarette manufacturer and the manufacturer’s contact person.
• Product List: A list of all brands and styles of cigarettes the manufacturer wishes to certify.
• Written Certification: Attestation that each cigarette has been tested in accordance with UPSC 53-7-403. No more than 25% of cigarettes in a trial (of 40 replicate tests) may exhibit full-length burns.
• Detailed Descriptions: For each style, include length (mm), circumference (mm), flavor, filter/non-filter status, and package description (soft pack or box).
• Approved Markings: The package marking approved by the Utah Attorney General’s Office under UPSC 53-7-403.
• Laboratory Info: The name, address, and telephone number of the testing laboratory and the date testing occurred.
• Certification Fee: Payment of the $250 fee for each cigarette style listed in the certification.

Dates of Implementation

New York Certification Reciprocity: The Utah State Fire Marshal (USFM) accepts and considers Certified all cigarettes on the State of New York’s Certification list. All varieties certified in New York as of April 17, 2008, are accepted for sale in Utah.

• July 1, 2008: Cigarette Manufacturers can only sell Fire Standard Compliant cigarettes to Wholesalers and Retail Dealers. Civil Penalties are in effect for manufacturers selling non-compliant products.
• April 17, 2011 (Re-Certification Required): All varieties accepted from New York and certified in Utah on or before July 1, 2008, must be re-certified as compliant with the Utah Fire Prevention and Safety Act.